STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

February 15, 2001

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 341-5600.

CALL TO ORDER

The meeting was called to order by Arthur G. Baggett, Jr., Acting Chair, February 15, 2001, at 9:00 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

BOARD MEMBERS PRESENT

Arthur G. Baggett, Jr., Mary Jane Forster, John W. Brown and Peter S. Silva.

BOARD MEMBERS ABSENT

None

STAFF PRESENT

Ed Anton, Thomas Howard, Craig M. Wilson, Maureen Marché, Barbara Leidigh, Barbara Katz, Michael Gjerda, Charles Nesmith, and Jim Sutton.

OTHERS PRESENT

Phillip Edwards, Syntectics; Jim Colbaugh, Las Virgenes Municipal Water District; Jorge Leon, Los Angeles Regional Water Resources Control Board; Ron Wilkniss, WSPA; Maryann Gonzalez, WSPA; Kim Wiseman, WSPA; Ed Dinkfield, WSPA; Curtis Weeks and Kevin O’Brien, Monterey County Water Resources Agency; Tom Vrsik, Salinas Valley Protesters; Martha Lennihan, East Side Water Alliance; Jan Goldsmith, Salinas Valley Water Coalition; Robert Donlan, Tomimura and Antle; Ryan Bezerra, Rosenberg Family Ranch, Clark Colony Water Company; Richard Moss, P G & E; Ben Hulse, San Joaquin County; Michael B. Jackson, Fred Etheridge, East Bay Municipal Utilities District; Richard A. Denton, Contra Costa Water District; Nancee Murray, Department of Fish and Game; Cathy Crothers, Department of Water Resources; Barbara Brenner & Anne Schneider, Delta Wetlands; Dante John Nomellini, Central Delta Water Agency;

PUBLIC FORUM

No one addressed the Board.

UNCONTESTED ITEMS

Items 1 and 8 were removed from the uncontested items calendar. Items 2 – 7 and 9 - 10 were unanimously approved by the Board as recommended by staff.

CLEAN WATER PROGRAMS

1. Consideration of Approval of Adoption of Emergency Regulations for Electronic Submission of Laboratory Analytical Data for Underground Storage Tank (UST) Reports.

Michael Gjerde, Division of Clean Water Programs, presented the item and summarized recent changes to the regulations.

Philip Edwards addressed the Board.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 023

2. Consideration of Approval of a Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List – Amendment No. 82.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 016

3. Consideration of Approval to Increase the Small Community Grant (SCG) Eligibility Percentage for the City of Plymouth.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 017

4. Consideration of Approval to Reauthorize State Revolving Fund (SRF) Loan Commitments for the Los Angeles County Sanitation District’s (LACSD) Joint Water Pollution Control Plant (JWPCP) Upgrade and Santa Ana Watershed Project Authority’s (SAWPA) Temescal Valley Regional Interceptor (TVRI) Project.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 018

5. Consideration of Approval of a Time Extension for the City of Beaumont for a Grant from the Water Recycling Facilities Planning Grant Program.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2000 - 019

6. Consideration of Approval of a State Revolving Fund (SRF) Loan for the City of Rosamond Wastewater Treatment Plant Expansion Project No. C-06-4148-110

Motion: The Board unanimously adopted the proposed resolution. Resolution 2000 - 020

WATER QUALITY PETITIONS

7. In the Matter of the Petition of the County of San Diego, San Marcos Landfill for Review of Assessment of Administrative Civil Liability Order No.2000-82, Issued by the California Regional Water Quality Control Board, San Diego Region. SWRCB File A-1302.

Motion: The Board unanimously adopted the proposed order granting the petition in part and remanding the matter to the San Diego Regional Board. Water Quality Order 2001 - 01

8. In the Matter of the Petition of Las Virgenes Municipal Water District for Review of Waste Discharge Requirements Order No.99-142, Issued by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB File A-1263.

No staff presentation was made. Jim Colbaugh addressed the Board regarding a prohibition period.

Jorge Leon addressed the Board stating the Regional Board was in opposition to the suggestion.

The Board directed the following additional paragraph be added to the proposed order at the top of page 8, before III. CONCLUSIONS: “Following the Board workshop on this item, the District proposed a modification to the seven-month fixed discharge prohibition. The District proposed a six-month prohibition from May 1 to October 30, with a flexible prohibition period from April 15 to April 30 and November 1 to November 15 of each year. During the flexible prohibition period the District would be permitted to discharge if background flows in the creek exceed 10 cfs and the lagoon is open. Although there is not sufficient time to evaluate the District’s proposal in these proceedings, the Regional Board should consider the District’s proposal the next time it reissues the district’s permit.

Motion: The Board unanimously adopted the proposed order.

Water Quality Order 2001 - 03

WATER RIGHTS

9. Consideration of a Resolution Authorizing the Executive Director to Enter into an Agreement with the Monterey County Water Resources Agency to Provide Funding for Conducting Investigations to Support a Physical Solution or, if Necessary, State Adjudication to Address the Seawater Intrusion Problem.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 021

WATER QUALITY

10. Consideration of a Resolution Delegating to the Executive Director Authority to Negotiate, Execute, and Amend Contracts Supporting Total Maximum Daily Load Work.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 022

CLEAN WATER PROGRAMS

11. Consideration of a Resolution Adopting Proposed Regulations to Implement Amendments to Chapter 6.7 of the Health and Safety Code Enacted Through Senate Bill 989.

Charles Nesmith, Division of Clean Water Programs, presented the item, recommending adoption of the proposed regulations.

Ron Wilkniss, Maryann Gonzalez, Kim Wiseman, and Ed Dinkfeld addressed the Board.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 024

WATER QUALITY PETITIONS

12. In the Matter of the Petition of the City of Los Angles for Review of Assessment of Administrative Civil Liability Order No.99-102, Issued by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB File A-1295.

No staff presentation was made and no one addressed the Board.

Motion: The Board unanimously adopted the proposed order.

Water Quality Order 2001 - 02

WATER RIGHTS

13. Consideration of a Proposed Decision Regarding Application 30532 of Monterey County Water Resources Agency to Divert 27,900 Acre Feet to Storage in Nacimiento Reservoir in San Luis Obispo County.

Barbara Katz, Office of Chief Counsel, presented the item noting written comments received on this issue. Ms. Katz also noted a revision to page 21, deleting the reference to permit term 90.

Curtis Weeks, Kevin O’Brien and Tom Virsik addressed the Board.

Motion: The Board unanimously adopted the proposed decision. Decision 1642

14. Consideration of a Proposed Resolution Certifying the Environmental Impact Report for the Delta Wetlands Project.

Jim Sutton, Division of Water Rights, presented the item, recommending adoption of the proposed resolution.

Dante John Nomellini, Ben Hulse and Michael Jackson addressed the Board.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 025

15. Consideration of a Proposed Decision Approving Water Right Applications and Petitions of the Delta Wetlands Project in the San Francisco Bay/Sacramento San Joaquin Delta Estuary in Contra Costa and San Joaquin Counties.

Barbara Leidigh, Office of Chief Counsel, addressed the Board and noted a revised February 15 version of the proposed decision in response to the comments received. In addition to those revisions, Ms. Leidigh noted two additional changes: page 34, first bullet, “couse” should be replaced with “cause”. Page 35, the table, the number “0.0084” should be “0.008”. page 81, second paragraph, next-to-last line strike the words “and still be”.

Michael Jackson, Fred Etheridge, Richard Denton, Nancee Murray, Cathy Chers, Anne Schneider, Dante John Nomellini and Richard Moss addressed the Board.

Following the discussion, the Board directed additional revisions to the draft decision. Page 82, remove term 91; page 82, Term 5, a. Points of Diversion, (1) Applications 29062 and 30268 (Webb Tract), add two additional points of diversion; and page 96, Term 22 b, last sentence: Commencing on the date when the water right applications are approved all required approvals for levee construction have been secured, any levee maintenance and/or improvement activities shall be considered to be levee construction or strengthening for the purpose of this condition.”

Motion: The Board unanimously adopted the proposed decision as revised during the meeting. Decision 1643

BOARD MEMBER REPORTS

The Board Members reported on various meetings they have attended on behalf of the Board.

EXECUTIVE DIRECTOR'S REPORT

The Executive Director submitted a written report summarizing current significant issues.

ADJOURNMENT

The Acting Chair adjourned the meeting at 12:00 p.m.